Indiana § 32-23-5-1 - Application and construction of chapter

§ 32-23-5-1. Application and construction of chapter

Sec. 1. (a) This chapter applies to any interest created after September 1, 1984, that complies with this chapter, whether the interest is designated:

(1) as a conservation easement;

(2) as a covenant;

(3) as an equitable servitude;

(4) as a restriction;

(5) as an easement; or

(6) otherwise.

(b) This chapter applies to any interest created before September 1, 1984, if the interest would have been enforceable had the interest been created after September 1, 1984, unless retroactive application contravenes the constitution or laws of Indiana or the United States.

(c) This chapter does not invalidate any interest, whether designated:

(1) as a conservation easement;

(2) as a preservation easement;

(3) as a covenant;

(4) as an equitable servitude;

(5) as a restriction;

(6) as an easement; or

(7) otherwise;

if the designated interest is enforceable under another law of this state.

(d) This chapter shall be applied and construed to effectuate the general purpose of the chapter to make uniform the laws with respect to the subject of the chapter among the states that enact language consistent with this chapter.

[Pre-2002 Recodification Citations: 32-5-2.6-5; 32-5-2.6-6.]

As added by P.L.2-2002, SEC.8.